where is the NYSDOT? this is route 28! it is extremely dangerous! the owners stuff is in the right of way for crying out loud. shut this down. let him move to a commercial area. having this there is plain crazy.

this is extremely dangerous. I dread driving by just thinking I could be the one who gets plowed into from somebody pulling out. why is this allowed?

I had to swerve into oncoming traffic in order to miss some guy stopping and backing up on a 55 mph highway! close this down now before someone IS killed!!!!!!!!

The place is not only dangerous with cars parked on the road and drivers pulling out into traffic, it is also an eyesore. Please ask this stand to move to a more commercial place. People stop in the road and they back up and pull out regardless. There is a smaller stand nearby that does not create a similar problem.

This is so trashy. We come up from New Jersey were there are real farm stands with real farms behind them and can not believe this place. We were considering buying a house nearby but why? 2 look at that junk? The food is not from a local farm, who are they trying to kid? This is an insult to all the hard working farms that sell their FRESH food.

every time you come to this section of rte 28 you must slow down to accommodate traffic. today I had to stop because an old lady with a cane was trying to cross as she was parked on the opposite side of the street. Wonder how many cars waited as she returned to her car with her purchases! this can't be legal, its not a farm stand/NO FARM
its a supermarket without walls. No legit business would get away with this. Taxpayers will pay when there is an accident. Why are they still allowed to operate?

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I cringe went I have to drive by here on weekends. There have been some scary near misses. I will not have my kids in the car with me, ever. It makes it hard to go shopping at the Boiceville market. Please help. I am so frightened people visiting for a wedding, who don't know about this danger, will be killed because they don't know to be extra careful when driving past.

another joke in Shandaken where is the zonong officer? Oh at her home in the next county...

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I pay my taxes. I obey the laws. Why not this guy? Why do the police and town board think he is so special?

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Today I was going to my doctor's office in Shandaken, and as I approached the stand there was a car parked on the side of the road in front of the stand, blocking the view from the driveway. As I cruised up Rte. 28 at the speed limit a car crept out in front of me, its view of the road being blocked. There was a car coming toward me in the other lane. I had to hit the brakes. the car tried to back up but another car was behind it in the parking lot. Fortunately my car is relatively new and I was able to slow down enough, and there was no one behind me. I am proud to say I avoided a disaster. Don't even ask what my blood pressure was when I got to the doctor's office. Let's just get someone out there to control the scene. It's not even full summer yet. We don't have this problem at the many other commercial spots in the area.

Not only is this really dangerous, it is an on-going problem continually ignored by officials. I worry that someone will be badly hurt or worse. Please step up and make this business move to a real commercial area of which there are plenty.

I had to pull over to calm down I was so shaken. This car came up behind two bicycle riders and actually pushed one into the bushes when he was braking to pull over to stop at the whatever it is. The guy was scraped up but okay. The driver did not see it happen because he was too busy looking at all that crap on the road, then flatly denied that it happened. Luckily I saw it and stopped. The guy at the business told us to leave or he would call the cops saying we were threatening his customers.

Does anyone have an email contact for NYSDOT? We can add them as a watcher for this issue.

Thanks,

Zak
Community Manager
SeeClickFix

try this:

https://www.nysdot.gov/divisions/operating/osss/highway

What a mess. I pray no one is injured here. The owner of this business has bullied the town and has been allowed to stay open for what? Knowing the probability of someone dying at the location should be enough for officials to enforce the law. That the town board would let this be a political issue at the expense of a life is unconscionable.

Hello Zack,
Why isn't the Town of Shandaken a watcher? Is it possible for you to please put them on this issue? I can't believe they think fruits and vegetables are equal to a life!

bless you for being brave. I cannot telll you how often I almost dies. Thank the lord for good brakes and quick reflexes.

The pull out isn't dangerous, it is the people who are driving the cars, the people who drive by are too busy texting, sexting, twittering or just plain not paying attention and the people shopping here think they have enough room to pull out when they don't. There are issues here and the town officials have been working on it for almost three years now, last I heard there was talks of lawsuits, once it comes out of the courts then the Town Zoning Enforcement Officer can handle the issues.

So if the police won't fix this who will? Is tired of it all suggesting a lawsuit? Why isn't the zeo doing his job? I witnessed many a near miss here. It is dangerous. It does not belong here. It is illegal. Someone SHOULD sue the town, in these hard times, it would be an easy windfall.

Sue the town, don't sue the town, drive slower or drive faster, use your blinker or don't use your blinker its a zoning issue - its a police issue??
According to the ecode - http://www.ecode360.com/?custId=SH1022, "There is hereby created by the Town Board of the Town of Shandaken an office of the town to be known as the "Code Enforcement Officer." Said Officer shall have the responsibility for administering and enforcing the provisions of this chapter and of other applicable laws of the town." No where in this code is a provision for the police to handle these laws, hence why a ZEO is appointed, if the Police are to handle then abolish the ZEO and write into law the police are to handle.

Shandaken zoning codes are LOCAL LAWS.
This must be the provision you are looking for the police to do their job:
40-6 Members of the Police Department shall act as police officers of the Town of Shandaken. They shall enforce all federal, state and local laws and shall be responsible for the control of traffic within the municipality.

Did not see that law, thanks. I guess the Town needs to step up and abolish the ZEO and get the police involved in the zoning laws.

It has not been fixed.

This issue is not in the courts. The town board is dragging their feet and the zoning officer is not doing her job. How will they explain when someone dies. Will they suddenly have a conscience and do something.

Why would the town need to abolish the ZEO? The law clearly states the police will enforce the laws. I am very worried this summer will bring tragedy to some innocent family. Clearly the law is being broken and it seems as though the police department would be at fault along with the town board and zeo if an accident occurs. Possibly even the NYSDOT as the curb cuts regs for state highways are clearly being ignored. Could Shandaken survive a lawsuit of that magnitude?

Ulster County Health department is the people you need to contact if you have an issue 845-340-3010, Agriculture permit, I don't even know if that is necessary or even real but my guess you should contact the NYS Dept of Agriculture. The other comments about rotting vegetables...I have never seen these rotting vegetables, but I am sure if you brought it to the proprietors attention, something would be handled straight away, sounds like you may be trying to harm and hate and possibly trying to turn people away from the business. There are definetly issues that need to be addressed, but attacking a person's business like this is just really sick

Actually we pay more for the Highway department, then the emergency services combined, as do most towns, this issue is a zoning issue and enforceable by the Zoning Enforcement Officer - irregardless, this post does nothing but attack police and does not elevate the issues of people driving poorly in this area.

A watch area has been added for the Zoning Enforcement Officer of the Town of Shandaken. They have been notified of this issue and will be receiving all comments posted in the future.

Thanks,

Zak
Community Manager
SeeClickFix

It is not a zoning issue, IT IS A SAFETY ISSUE.

Actually we pay just about the same for emergency services combined and the highway department , the commenter above seems to have missed a service or two. This issue is a safety and zoning issue. Both are enforced by the police. The police respond to issues of noise, which are in the zoning code, dog issues, which are in in the zoning code, issues of parking,which are in the zoning code so why not this issue of an illegal farm stand and dangerous pull-out? Why do some laws get their attention and not others? These are not attacks, people want the police to do their jobs; it is not an unreasonable request, it goes for all tax payed salaries. The claim that people drive poorly in this area is ludicrous; if here then everywhere. It does not make this issue safe or legal. If saying the zoning officer does not do her job either is an attack, then so be it. I am tired of getting a feeling that I will be killed at this location. What is the problem? Who is this guy to create such havoc? They are plenty of legal, commercial properties he could rent or buy, just like all the legal businesses in town have done.

The zoning officer is not doing her job. period. she should be issuing daily violations. period. No one should have to file a lawsuit or get hurt to have her do her job. period. this operation is illegal. way beyond the 10 by 10 space they got a permit for. even if they apss anew law, the so called farm stand, being illegal, cannot apply for the proper permits while in violation.

100 comments and the zoning officer and town board are sitting on their hands????? I dislike driving past this place on weekends. Too many near misses, it's like driving bumper cars at the amusement park with real cars. Not with children in the car!!!!

I'll agree it should be fixed, but proper enforcement of traffic laws can go a long way. These types of traffic problems are dangerous only because people have stopped following the traffic laws.Proper speed, stopping, merging, use of turn signals and common courtesy are falling by the wayside because some people have to be somewhere else faster than you or me. Enforce these laws, triple the fines and improve traffic, respect for others, and safety. Don't forget, when people get into accidents, police mark it as no fault and everyone's insurance goes up.

great idea! give tickets to all those traffic offenders and maybe they'll stop shopping there. problem solved. or have them park at the bus garage, another business in violation of their special permit. or across the street at the soccer field from another business in violation. have ucat bus shuttle them back and forth. so much easier that hiring a real zoning officer.

""cars pull out into 55 mph traffic"" yes and so do all the other cars that pull out into route 28, what about all the other driveways, businesses, and streets that pull out onto route 28?

""The place is not only dangerous with cars parked on the road and drivers pulling out into traffic, it is also an eyesore."" Cars are allowed to park on rt 28. Drivers pull out into traffic, that happens when you need to go anywhere.

Amazed shouldn't be amazed. This is a residential zone, note the trailer. Nobody ever sees people backing up on a state highway because they missed a driveway. Other businesses have large parking lots that can handle their customers. Open your eyes-it is dangerous.

if a tree falls in the woods, does it make a noise? just because YOU have never seen a car backing up on a highway other then at this location, it doesn't mean it doesn't happen.

You think cars backing up on busiest part of a major highway running through town is safe? If a tree falls and kills someone when the town knew it was diseased, does it make noise with that a lawsuit?

I don't understand why the planning board, zoning board and town board don't order the ZEO to issue violations for this issue.
Vote them out!

I was almost killed here. A car pulled out doing 5mph to my 55mph. Bring in the Sheriff if you have to get it done.

There are definitely issues that need to be addressed, and having a town board, zoning officer, and police who do nothing about a flagrant violation and dangerous situation is just really sick.

As I recall, Supervisor Stanley ran on the Republican ticket of, "We will enforce the laws equally." So what's the prob, Rob?

As I recall, so did Kalb, Horn and Fraiser , Planning Board members and Jordan, Stanley, Town board members. Was that JUST to get votes? Or do they care about the Town? Why has not one of these persons ordered the ZEO to do her job?

Driving past here on a Saturday is a nightmare. People pull out in front of cars doing 55, tires squeal, horns honk and nobody does anything. You can't see if someone is pulling out for the cars parked in the breakdown lane and the piles of bags in the right of way. I do my shopping on the weekdays and avoid this stretch of road by detouring on Winne on weekends.

I uphold the laws and expect everyone to obey them. I am in danger every single time I go by this piece of road. It is my understanding it is illegal. Shut this business down. If I or my family are harmed, the town will be a fault and whoever was responsible will be brought to court.

We pay our taxes and demand the ZEO get off her duff and enforce this law. There will be a lawsuit.

This has unfortunately become a message board of political threats, instead of a venue for correcting a problem. The NYSDOT is responsible for the safety on the state highways, and this problem should be referred to them, if this ClickFiz board is to have any effectiveness. The town is not going to do anything about the dangerous pull out situation.

the NYSDOT is not responsible for upholdong Shandakens Zoning Laws. The Shandaken Town Board is responsible for making sure the Zoning officer does the job the individual was hired to do. One look at th eorigional permit will demonstrate to anyone the operators of this outdoor supermarket are in violaition.

I see my post was deleted. On 7/2 at about 6 pm there was definatly a police vehicle in front of this establishment, lights flashing. I SAW IT MYSELF, I was informed there was an accident. if not what happened at this dangerous location???

I watched a meeting on channel 23 and was shocked at the rude behavior of the zoning officer. She as much admitted she would not do her job.

It is a sad day in Shandaken when so many people are disturbed by the lack of zoning enforcement and the town board does nothing.

yesterday started the holiday weekend with an accident at this location. By ignoring the law the Zoning Officer has allowed this situation to fester for 6 years. by not requiring the Zoning Officer to do her job, the Town Board has allowed the situation to fester for 6 years. The NYSDOT is not responsible for enforcing Shandakens Zoning Laws. Its all fun and games til someone gets hurt. now there will be a lawsuit against the town and the taxpayers will get hurt in their pocketbooks once again. Unfortunatly, those involved in the accident, the true victems will proabably be looked upon as opportunist, a very sad day for Shandaken indeed.

If you are talking about dangerous pullout and accidents, this is the venue of the NYS DOT: they investigate the safety of the road condition, which is very different from the validity of a business. the zoning is as you suggest probably illegal, but that is a different issue. Let's get the state here to get this situation corrected. Info below:

NYUS DOT
ROAD SAFETY AUDIT
SAFETAP
How it Works:
~Regional Director appoints a road safety audit
team from Regional Traffic, Design, Maintenance
and any other regional group determined to be
appropriate
~Team performs simple analyses of site related
computerized accident data
~Examines the selected sites for hazardous
features

the last person who posted is, with a due respect, trying to pass a town board issue to the NYSDOT. Why not hold your representative responsible? It is un -AMERICAN to allow your friends or people who have given you money to break the law. When is the town board going to order the police and ZEO to enforce the laws? If not, it is anarchy! Good luck with that.

The people who are affected by the danger of the cars pulling out are not all from Shandaken. They, like me, are from surrounding towns, from the city and anywhere that visitors to this area or businesspeople going through, are from. It seems that the political infighting and name-calling are not getting the job done, so let's give it to those who are actually responsible for administering decisions about highway safety, and can be effective in making change.

It is not politics to ask of your Representatives to enforce the law. They are the law makers. That they do not understand their oath of office does not get them off the hook. I don't care who is in what party. This is an enforcement issue and justice is blind. Those who have given an oath to uphold the laws should take that oath seriously or give up that position.

I don't understand how or why a business or resident would not demand enforcement. We live in a world were laws make for a safer environment and allow us to live peacefully among each other.

I know the pain of losing a family member to a traffic accident. My stomach is in knots driving by here. I heard there was another accident just the other day. Many people have been hurt already. Please don't tell me the town is going to wait for a death before they do anything. My heart goes out to all who have suffered from a problem which could be easily remedied. A business is not worth a life. Please order the ZEO to do her job.

*comment removed

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Thanks for your cooperation!

Does anyone know the details of the accident that occurred Friday July 1 at that location?

Accident reports are public. It would be interesting to see how many calls are generated from this dangerous pull out. The proximity to the 212 intersection doesn't help. Who approved this mess? Why wasn't the original permit up for review and approval each and every year. All home occupations should have renewal terms to make sure they are following what they and the boards agreed upon and not be allowed to run amuck like the farm stand.

Not public thru the Police Dept., but through DMV which is pretty slow moving. Just seeing if any one knew anything.
There has been no political will to deal with the situation.Imagine if it was me that owned that farm stand. ....would not take long to close ME down.

The Shandaken Police have been doing an investigation since the middle of May. If you have any questions please contact The Shandaken Police at 845-688-9902 or by email gneh(at)shandakenpolice.us or chief(at)shandakenpolice.us. Thank you.

gneh, why so cryptic? how many accidents have there been?

Not mysterious nor obscure, we are in the middle of an investigation. If you have any questions please call or email.
Thank you
gneh(at)shandakenpolice.us or 845-688-9748

i would like to know how many accidents 2

Is the town Board waiting for a fatal accident before they act? What is the hold up?

Yea! What is the hold up? What is the town waiting for?

I don't get it. Every time I drive by this mess I don't get why the town, the police, the DOT aren't concerned or why nothing has been done for years. My buddy said the owner likes to threaten lawsuits. Are officials scared of lawsuits over somebody getting hurt bad? This is one of those places where everybody knows a bad accident will happen and yet nothing is done until it happens. Kind of twisted.

If all the commentators on this board called Rob Stanley,the supervisor of Shandaken, town board members and the zoning enforcement officer, it's conceivable something might be done. Unfortunately, The DOT, while fully aware of the problem , does not appear to have an enforcement arm. As the farm stand is very popular, there seems to be no local political will to enforce the many local and state laws being broken there. It IS likely a serious accident will occur and some kind of lawsuit or simple embarrassment will compel the town to make a change. Yes, hopefully before it is too late.

Ain't gonna happen. Dint you see the hearing where the owners razzed anybody tellin the truth? If anybody said they dint like the situation Alfie yelled out where do you live and got everbody booing. Lots of folk dint come out cause they git threatened. I have called the Supervisor. He toll me he liked the farmstand.

Regional Traffic Engineer Mike Cotton, PE Safety issues, traffic
control devices, commercial vehicles, bus inspections 845-437-3396

is mmillar the same mmillar who is on the planning board?
can you tell us why the planning board is not ordering the zeo to do her job or why the planning board has not requested of the town board to enforce the codes or laws of our town?

or why the police are enforcing some codes but not this particular one.

What about the Alyce and Roger's farm stand one hundred feet down the road, cars pull out from there (same side of the road as Hanover), how are they not causing any trouble with traffic pull-outs? They too are illegal, but both provide a service to the community and Handover actually employs people.

Important to note that Alyce and Rogers has never received any notice of being in violation of any law, unlike Al's who has received multiple violation notices since the first month he was in business. Alyce and Rogers stand has been in operation for 25 years and for years before that (as reported by Nancy Hudler), w/out a violation and while complying w/ bldg permit requirements. A& R have long had a safer pull in and parking area, do not allow trucks to unload onto rte 28, and do not encourage parking on 28 . In addition, Al's proximity to the Mt Tremper pull off makes the section particularly dangerous. It is apples and oranges to make any comparison here re parking and pull out safety. If the town board and supervisor want to repeal the zoning laws for everybody....Fine! Lets talk about that....but not just Al and the guys you like....bad plan for a town.

What about, what about. The issue is anybody in violation of the codes. There are a few, thankfully not many, people and businesses who disrespect our town by breaking the codes. If it is a violation, then it is a violation. Period. Slap them with an appearance ticket.

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you want everywhere? is stupid.

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The Town board appoints citizens to the planning board to ensure development adheres to the zoning laws. the planning board has no authority over the zoning officer. the town board hires the zoning oofficer to enforce the laws and the decisions of the planning board. The town board, all five of them should be called and told to do their jobs, they all have authority over the zoning officer, who does not live in shandaken or pay taxes here, she just lives off our taxes by not doing her job. The police department also has authority to enforce zoning laws but they seem incapable of understanding that.
Read the laws people, they are online.

when is the town board going to hire a competent and qualified ZEO and building inspector? This present one does not do her job and has cost the town with her inept decisions at the hotel site, the scism site, the deer lane site, the farmstand site etc etc etc

Turning onto Route 28 from Route 212, heading to the Boiceville Market, I have been in too many scary situations to count. There are cars and bags and signs all over the right of way and in the break down lane. What is it going to take to get the Supervisor and Town Board to order the ZEO and police to do their jobs???? Does someone have to die?

I agree! Not only that but to put the taxpayers at risk of a lawsuit is unconscionable. How he sleeps at night is a mystery.

what in god's name is happening here? where is the zoning officer?
I have seen many a near miss and have been rear ended in my vehicle. everybody knows how crazy this situation is yet the town board does zilch. makes one ill, it does.

makes me ill too

the permit is to sell produce from one's farm, hence the farmstand. look high and low- no farm. are we to believe there is a citrus grove and herd of cows also? this town board must think we are all stupid.

what happened to Stanley and Jordan's campaign promise? 'We will enforce every law equally" Except for Higgley breaking it.

It is my understanding the planning board sent a recommendation to the town board for enforcement on this issue. Tired of it? It will not matter. They are friends with Higgley.

I think a town board that ignores the law of the town should be removed from office.

I had a very frightening experience yesterday. I nearly killed my dog. I was at the day use area walking Bruno and on the way home a car pulled out right in front of me. I slammed my brakes and everything flew up to the windshield including Bruno. My vet says he has a concussion and may not make it. The driver of the other car didn't even see me just kept on going. This is so dangerous. Would you care if it was my grandchild instead of my dog?

why aren't the police enforcing this law? they aren't even watching it on their website.

so trashy

who is mm ??? sounds like higgley himself bulling people again as usual.

hi darien,

interesting that contrarian views are quickly removed from the site, so there is no freedom of the press on the site obviously unless you agree with the views of the monitor monitoring it.

sorry to hear about your doggie's collision, and though only Obama's theoretical birth state has a law requiring restraint of pets whilst traveling in vehicles, a caring owner concerned about their pet's safety, theoretically the purpose of the site, and has the option surely to humanely strap in their companions to protect them and to also stop them from becoming potentially deadly missiles. as a matter of law there are many instances where the drivers in vehicles with unrestrained pets have been held liable for damage to property and persons of flying canines in crashes.

i see now and quickly what the site is all about, and shall not be checking in again to disturb thee fun. safety first please.

mm

walls of plastic dirt bags? what an eyesore. this has to be the worst looking .residential area in all the Catskills. Shame on the town for letting the bus garage and outdoor grocery ruin Moun Tremper. The Emerson's guests must cringe while driving by ...Kate's too. what a shame an illegal business can hurt legit ones..

every single time i am traveling this stretch of road doing 55 some ahole pulls out in front of me doing 15. the last ahole flipped me the bird when i honked my horn. shut this down. like i need to be insulted for having to slam my brakes and veer all over the road. get rid of these aholes

to MM
I'm sure Darien is grateful for having the laws cited for dog transport, too bad you don't give a fig about the illegal farm stand. If the law did their job both Darien and Higley would get tickets. Higley though would see jail time. Let's see if you don't ask for this contrarian view to be removed since you are obviously being persecuted for your "views". Funny sign off "Safety first", George.

My hairdresser told me these miscreants were moving to commercial zoned land. That was in MAY!
How long can they lie to people? Why isn't Supervisor Stanley enforcing the law?

Mighty mean words for your lying hairdresser to say with the Supervisor listening.

mis·cre·ant   /ˈmɪskriənt/ [mis-kree-uhnt] adjective
1. depraved, villainous, or base.
2. Archaic . holding a false or unorthodox religious belief; heretical.
3. a vicious or depraved person; villain.
4. Archaic . a heretic or infidel.

Both you and Mr. Stanley might want to think about finding a hairdresser with better manners.

Mombaccus Mordecai

Is this a town of Shandaken police officer ?

Is the Higley for town board the owner of this mess? How can someone running a 24 hour store on their front lawn in flagrant violation of the laws be running for office? How corrupt is Shandaken? I guess I just answered my own question.

Is it legal to run for office while breaking the law?

How can we get this law enforced?

Can we throw the bum out before the election?

How many politicians does it take ignore a law being broken?

Gawd almighty the scofflaws son is gonna rite his own law. Gawd have mercy on Shandaken we is all gone to Satan.

Ah, as the weather warms up we look forward, NOT, to another year of accidents and near fatalities.
And another year of organic, NOT, produce at it's peak, NOT, freshness. Only in Shandaken is there old, dirty, produce for sale in front of a moldy trailer where people love to shop and use the porta-sans! Let's hear it for health, beauty and prosperity! NOT.

Hey George,

I would like to meet you. I live here in Shandaken but didn't realize I might have a neighbor with the same last name.

Al Shiner

met me at mama's boy for a cuppa friday 10am

Is this clix - fix STILL really not resolved... Posted 2 years ago with 1786 viewings.... comments totaling 117...... well really i can believe it i had a situation with the town of esopus and all the senators , legislation, supervisors didnt lend a helping hand... people time to move out of nys, let it crumble a bit faster than it already is..... call me disgruntled , call me whatever... what i am and im sure many others just plain fed up...... higher tiaxes, less services or none and no help... who thought of this clix - fix, what a mockery it is....

what a mockery the town board is and the zoning officer

took a ny supreme court order and a lawsuit from the farmstand owner to shut this atrocity down. Guy did himself in

It is not over yet i was told by one of his employees he is going to appeal!

oh it is over. appeal what? gee Judge I ignored all zoning laws, built without a permit, hazzled anyone who spoke up but I gave away food, hey how do you think my son was elected?! See I am special so I don't need to obey the law. I provided a service the law don't apply to me. real easy sell to the courts. It's been a political witchhunt I need asylum.

Believe me it is not over. Your right it is a political witch hunt!